Managing Construction Liens in Ontario 2023

Lea Nebel,
Blaney McMurtry LLP

Maria Ruberto,
Pallett Valo LLP

• Session will follow the path of a lien matter from start to resolution, including title searches
• What’s new for 2023? Key updates, impacts and issues you need to know
• Geographic distinctions – including virtual proceedings
• The class‑action like nature of a lien proceeding
• How to set a lien down for trial
• Understanding the new procedures under the Construction Act:
  • Scott Schedules, Vetting Committee, Carriage and Salvage Costs
  • Pre‑Trials and Settlement Meetings
  • Reports and Interim Reports
  • Consolidation orders and consecutive trials
  • How to get a trial management hearing

10:30 a.m.
Health Break

Lena Wang,
Glaholt Bowles LLP

• Overview of the interplay between construction liens and the adjudication regime
• The importance of relationships in the construction industry and the related dynamics
• Pros and cons of alternatives to liens and other security and dispute resolution procedures
• Deciding whether to lien or not after losing at adjudication
• Monetary limits and minimums – are there amounts too small for a lien?
• When should you pursue other remedies?

11:40 a.m.
Health Break

Paul Hancock,
Daoust Vukovich LLP

Edward Lynde QArb,
Fasken Martineau DuMoulin LLP

• Key developments and risks in the face of the ongoing pandemic and other global impacts
• What’s the difference between a capital repair and maintenance?
• Do construction managers have liens?
• What about design professionals?
• Liens from union workers?
• How to lien a mine
• Oddball and other liens, including the non‑lienable

12:45 p.m.
Lunch Break

Join The Honourable Phillip Sutherland and Associate Justice Charles Wiebe for an interactive walk‑through of a lien trial, including the proper pre-trial practices for select regions, focusing on best practices and recommended “dos and don’ts” when appearing before a decision‑maker in court. The session will include a valuable tip sheet, which will serve as a vital resource long after the program concludes.

2:30 p.m.
Health Break

Chris Burr,
Blake, Cassels & Graydon LLP

Philip Cho,
WeirFoulds LLP

• Overview of the current landscape, key developments and trends
• Understanding the collision between bankruptcy and construction trusts
• Overview of the CCAA and BIA – how do they work?
• What are the lien priorities during an insolvency
• What is a CCAA proceeding? What is a stay of proceedings?
• What is a lien regularization order, or what happens when you don’t follow the Act and the CCAA kicks‑in?
• What to do if the CRA gets involved
• Top tips and best practices for dealing with an insolvent contractual party:
  • Managing the contract in the face of insolvent party
  • Unique features of dispute resolution proceedings
  • Getting the project built while containing risks
  • How to protect yourself more effectively

3:40 p.m.
Health Break

Catherine DiMarco,
Pallett Valo LLP

Robert Kennaley,
Principal, Kennaley Construction Law

Get the latest updates to identify crucial gaps and inconsistencies in the law and practical guidance on how to manage them through contractual language and field strategies.

• Transition provisions and multiple contracts on a project: which version of the Act applies?
• Release of holdback on a phased or annual basis and how to handle release of holdback during adjudication
• Preserving the lien against a Municipality
• Public contracts and the contractor’s bonding obligations
• “Giving”, “providing” and “serving” of documents under the Act
• What should be included in the Proper Invoice?
• What is the timing, effect and import of a Notice of Termination of Contract?
• Limitation involving ‘no adjudication once the contract or subcontract is complete’
• Scope of the ‘one matter per adjudication’
• Importance of the Notice of Adjudication and the choice of Adjudicator

5:00 p.m.
Program Concludes

Paul Hancock,
Daoust Vukovich LLP

• What is a lien? When do rights arise and expire?
• Understanding the different types of liens
• How to preserve, register and give a lien – vacate, discharge and perfect
• What is the liability for exaggerated liens?
• Troubleshooting tips

Ted Rotenberg,
Drudi Alexiou Kuchar LLP

• Leases – key steps, determining ownership and the pros and cons in your situation
• Condominiums – key steps, entitlement and analyzing whether to lien work by or on behalf of the condominium corporation
• Municipalities and Crown Agencies – key principles, mechanics and navigational tips
• Subdivisions – entitlement, lot and by‑lot provisions, park lands and buffer zones, roads and residential homes
• Troubleshooting tips to avoid common pitfalls

Ted Rotenberg,
Drudi Alexiou Kuchar LLP

Tushar Sabharwal,
Drudi Alexiou Kuchar LLP

• Overview of a breach of trust action and remedies – key principles, mechanics, steps and the pros and cons to consider
• Summary of key trust action issues, challenges and what they mean
• How to prevent or mitigate liability
• Troubleshooting tips to avoid common pitfalls, including if your matter ends up in court
• Session includes resources for bringing/defending a breach of trust action